
The Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 revises Part IIIAAA of the Defence Act 1903, which was inserted into the Act in the lead up to the 2000 Sydney Olympics.
Currently, the military can only be called upon by state and territory authorities when they’ve exhausted all other options. The new bill would allow for a call out request to be actioned, when it’s decided that ADF personnel can “enhance” the ability of state police in dealing with an incident.
The new legislation also allows the PM and other authorised ministers to send in the troops when state authorities haven’t requested assistance, but Commonwealth interests are at stake. And it provides ADF members with enhanced search capabilities and limited shoot-to-kill powers.
A much broader scope
Australian attorney general Christian Porter told journalists that the Lindt Café siege, along with the potential for a Paris terrorist attack-style incident being carried out in Australia, make streamlining the process of calling out “SAS or commando regiments” necessary.
However, the call out powers don’t just apply to terrorism. They target “domestic violence.” This is a broad term set out under section 119 of the Australian Constitution, which provides that the federal government should protect states and territories against invasion and rebellion.
Indeed, Mr Porter has stated that the ADF could be sent in to quell widespread rioting. While civil liberties advocates stress that these new powers have the potential to be used upon peaceful protests and industrial actions.
Against strikes and demonstrations
Civil Liberties Australia CEO Bill Rowlings points out that the bill allows the government to call out the ADF to protect declared infrastructure. “Given the current government’s policies, troops are likely to be called out around coal-fired power stations and ports that export coal,” he explained.
“The federal government can use the army to break environmental protests just like the government did in the late 1940s to break coal strikes,” Mr Rowlings told Sydney Criminal Lawyers. “And this new law makes it clear troops can again be used to break strikes.”
The legislation also provides that military personnel can use lethal force during certain civilian incidents. Proposed section 51N(3) outlines that this can be done in the protection of an individual’s life, to take action against an aircraft or vessel, as well as in the protection of declared infrastructure.
Military police
The Defence Call Out Bill makes “it sound like the military will only be supporting local police, yet troops under this law get powers to detain, search and question Australians,” Mr Rowlings made clear. These are “powers that ought to be exercised only by police.”
……… An incremental erosion“A real danger of laws like these are how they might be used by a more extreme government in five, ten or twenty years from now.” Mr Rowlings warned. He added that current situations in Turkey and Hungary should serve as “cautionary examples.”
The Defence Call Out Bill is currently being reviewed by the Senate Legal and Constitutional Affairs Legislation Committee, which is accepting submissions until 31 July.
The new bill comes on the back of more than 70 pieces of legislation that have been enacted at the federal level since 9/11 in the name of national security and counterterrorism, which have consistently been whittling away at citizens’ civil rights.
“Before 9/11, Australians had very few, legally-enforceable rights,” Mr Rowlings concluded. “Today, Australians have none except those that parliament hasn’t yet turned its mind to overturning or abolishing.”https://www.sydneycriminallawyers.com.au/blog/new-laws-will-allow-the-use-of-military-to-break-protests/